NLRB Enhancing Enforcement

National Labor Relations Board Acting General Counsel Peter Sung Ohr two weeks ago issued a new Memorandum (GC 21-03) to the NLRB field offices significantly adjusting agency enforcement priorities under Section 7 of the National Labor Relations Act (NLRA). GC 21-03 points to the increased workplace health and safety issues relating from the COVID-19 pandemic…

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Court Rejects Joint-Employer Delay

The U.S. Court of Appeals for the 2nd Circuit denied a request by the Department of Labor under President Biden to delay for 6 months, the filing of a DOL brief seeking to overturn the Trump administration rule on the joint employer issue. In the wake of the decision, DOL must still file its brief…

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PRO Act Elevated as Workers Reject Union

Tempering some of the pleasure of Amazon workers at a plant in Alabama overwhelmingly rejecting unionizing is the ongoing effort to pass the Protecting the Right to Organize Act (the PRO Act as it is known).  With workers at the Amazon fulfillment center in Bessemer voting over the course of the seven-week representation election against…

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COVID Sick Leave Reinstated, Extended

As we (hopefully) get closer to putting the pandemic behind us, some states and cities just continue to expand coronavirus emergency measures impacting businesses. A tale of 2 cities – or more accurately, one city and one state – when it comes to expiration of the COVID-19 specific sick leave that was mandated at the…

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Virginia OT and Wages Rising

On the first of May, the minimum wage in Virginia will exceed the federal minimum for the first time, rising from the current $7.25 per hour to $9.50 an hour. The Old Dominion is one of only five that will raise their minimum wage before next January with Connecticut 8/1/21, Florida 9/1/21, Nevada 8/1/21 and…

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Expanding the Ban the Box Restriction

Late last month, Illinois Governor Pritzker signed into law Senate Bill 1480, amending the Illinois Human Rights Act and expanding restrictions on the use of criminal background checks for employment purposes. The new law also obligates employers in the Land of Lincoln (who are required to file the federal EEO-1 report) to also submit equal…

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Court Validates Salary History Consideration

According to a federal District Court in Virginia, the use of salary history in employment decisions is a reasonable – and legal – tool for employers to consider in making employment decisions. Early this month, the court applied a precedent set by the Fourth Circuit Court of Appeals (Spenser v. Virginia State University) versus a…

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Miscellaneous

A recent Rasmussen Poll shows that only 31 percent of Americans actually support increasing the federal minimum wage to $15 per hour. Although other polls have indicated strong support for a higher wage across the country – 80 percent believe the minimum wage should be increased – almost 70 percent believe $15 is just too…

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It Ain’t Over ‘Til It’s Over!

The late New York Yankee hall of Fame catcher Yogi Berra is credited with first uttering that now well-known phrase, but it seems Congressional democrats are scheming to take it to the next level. Despite a majority in the US Senate being opposed to a $15 federal minimum wage, and prior rulings by the Senate…

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EEOC Again Requiring Pay Data

Just over one week ago the Equal Employment Opportunity Commission (EEOC) resurrected a mandatory filing for qualified employers of 2019 and 2020 workplace diversity data (EEO-1 Component 1). Generally speaking, the dictate applies to employers with at least 100 employees as well as federal contractors with 50 or more employees. You may recall that the…

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